Not getting deposit back
02-11-08, 05:08 PM
#16
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Don't worry one bit. The money is yours, not the dealers. If you didn't sign anything that says they can keep your deposit in the event you don't buy, then they MUST give it back to you. They bear the burden of proof on this, and without your signature on a document, it is illegal for them to keep your deposit. You can get your money back, but it may be a pain if the dealer does not cooperate.
Here are the steps you need to take. Contact the owner of the dealership and explain what happened. Just tell him you want your deposit back. Be polite and give him the specific name of the salesperson involved. If he needs a little time to talk to the salesperson, just tell him you want your money back within the next 24 hours. If he doesn't give it back within 24 hours, explain that you plan to file a formal complaint with the Better Business Bureau. The owner of the dealership will definitely not want this on their record. If the dealer does not comply, the Better Business Bureau will help you complete the required complaint forms and get your money back. The paperwork isn't that hard to complete. There may be other options, like getting a lawyer, but that isn't worth it, unless you know a lawyer personally who can help you.
I'm angry that a salesperson would even try to get away with something like this. The salesperson gets no personal benefit from holding your deposit indefinitely, and the owner of the dealership is probably going to be angry at the salesperson for his unethical tactics.
Here are the steps you need to take. Contact the owner of the dealership and explain what happened. Just tell him you want your deposit back. Be polite and give him the specific name of the salesperson involved. If he needs a little time to talk to the salesperson, just tell him you want your money back within the next 24 hours. If he doesn't give it back within 24 hours, explain that you plan to file a formal complaint with the Better Business Bureau. The owner of the dealership will definitely not want this on their record. If the dealer does not comply, the Better Business Bureau will help you complete the required complaint forms and get your money back. The paperwork isn't that hard to complete. There may be other options, like getting a lawyer, but that isn't worth it, unless you know a lawyer personally who can help you.
I'm angry that a salesperson would even try to get away with something like this. The salesperson gets no personal benefit from holding your deposit indefinitely, and the owner of the dealership is probably going to be angry at the salesperson for his unethical tactics.
Hello everyone.
I purchased my IS350 back in mid-December, but I like to tell a little story and hopefully, some of you folks can have some suggestions or maybe even relate!
During December last year, I decided to purchase a new car. I had pretty much decided to get a TL-S, although I had less than spectacular results with my 02' TL-S (both the car and Acura dealerships). On Dec. 14, I drove the TL-S and thought it was pretty nice, but the dealership (Fountain Acura of Orlando) would n't deal. I told the rep. I could get the new 08' at dealer invoice, but he just didn't want to deal.
I decided to drive down to the Lexus dealership and check out the IS350. I should at least check it out even though it was more than what I really wanted to pay for. After checking out the interior and driving it, I couldn't help but think that the IS was a nicer AND faster car, even though I didn't think it looked as good as the TL-S. I began to give the IS some serious consideration.
That evening, I received a call from Acura of Orange Park in Jacksonville. The "internet manager" offered me an 07' TL-S for $33,500. Too good of a deal to seemingly pass up, I decided to go for it and put down a $500 deposit through my credit card.
The next day, I kept thinking about the IS. I started thinking that I made a big mistake with the TL-S, so I called Acura of Orange Park and told them I changed my mind and I was going to get the IS350. Obviously disappointed, the guy said he would try and get my deposit back. Later in the day, the guy calls me back to try and persuade me to change my mind, but when I wouldn't, he started insulting me and said he would not be able to give me my deposit back.
As of now, the credit card company is looking into the dispute, because, true to their word, they have not given me my deposit back and, unfortunately, I don't see this situation ending in my favor. Even though I've been told by many people in the auto business that they have no right to my money, one of my neighbors contacted his lawyer about my situation and he said that the deposit was "my way of showing intent and commitment" and that even though I cancelled the next day, they were entitled to keep my money. He suggested I either contact the store manager and talk to him or take the bad publicity through the local news route.
I purchased my IS350 back in mid-December, but I like to tell a little story and hopefully, some of you folks can have some suggestions or maybe even relate!
During December last year, I decided to purchase a new car. I had pretty much decided to get a TL-S, although I had less than spectacular results with my 02' TL-S (both the car and Acura dealerships). On Dec. 14, I drove the TL-S and thought it was pretty nice, but the dealership (Fountain Acura of Orlando) would n't deal. I told the rep. I could get the new 08' at dealer invoice, but he just didn't want to deal.
I decided to drive down to the Lexus dealership and check out the IS350. I should at least check it out even though it was more than what I really wanted to pay for. After checking out the interior and driving it, I couldn't help but think that the IS was a nicer AND faster car, even though I didn't think it looked as good as the TL-S. I began to give the IS some serious consideration.
That evening, I received a call from Acura of Orange Park in Jacksonville. The "internet manager" offered me an 07' TL-S for $33,500. Too good of a deal to seemingly pass up, I decided to go for it and put down a $500 deposit through my credit card.
The next day, I kept thinking about the IS. I started thinking that I made a big mistake with the TL-S, so I called Acura of Orange Park and told them I changed my mind and I was going to get the IS350. Obviously disappointed, the guy said he would try and get my deposit back. Later in the day, the guy calls me back to try and persuade me to change my mind, but when I wouldn't, he started insulting me and said he would not be able to give me my deposit back.
As of now, the credit card company is looking into the dispute, because, true to their word, they have not given me my deposit back and, unfortunately, I don't see this situation ending in my favor. Even though I've been told by many people in the auto business that they have no right to my money, one of my neighbors contacted his lawyer about my situation and he said that the deposit was "my way of showing intent and commitment" and that even though I cancelled the next day, they were entitled to keep my money. He suggested I either contact the store manager and talk to him or take the bad publicity through the local news route.
02-11-08, 05:50 PM
#18
It's funny, I did the same with Lexus. Gave them a $500 deposit, but instead of asking for it back, I told them to keep it and I'll give you $61000 more.
They gave me an IS F for my troubles.
Good luck on your plight, there is a lot of good advice here. I'm sure you'll get it back, because bad publicity will cost the dealership more then $500.
They gave me an IS F for my troubles.
Good luck on your plight, there is a lot of good advice here. I'm sure you'll get it back, because bad publicity will cost the dealership more then $500.
02-11-08, 06:18 PM
#19
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It's funny, I did the same with Lexus. Gave them a $500 deposit, but instead of asking for it back, I told them to keep it and I'll give you $61000 more.
They gave me an IS F for my troubles.
Good luck on your plight, there is a lot of good advice here. I'm sure you'll get it back, because bad publicity will cost the dealership more then $500.
They gave me an IS F for my troubles.
Good luck on your plight, there is a lot of good advice here. I'm sure you'll get it back, because bad publicity will cost the dealership more then $500.
I told him what I did and, after assuring me that I had every right to get my money back, he said this balances out his week because somebody he sold an IS to changed his mind and bought an Acura instead.
02-12-08, 04:18 AM
#20
Lexus Champion
In the future, never put a deposit down without a signed agreement that you have 'X' amount of time to cancel the agreement with no recourse. Most car dealers will agree with it since they figure you'll walk otherwise, and a deposit is better than nothing.
And just because you didn't sign anything doesn't mean the contract to buy isn't valid. An oral contract is valid in most instances.
And just because you didn't sign anything doesn't mean the contract to buy isn't valid. An oral contract is valid in most instances.
02-12-08, 04:58 AM
#21
Lexus Test Driver
I am of the opinion that you should get your money back. This car was nothing special; it is like any other car on the dealer's lot. It was not custom made such that the dealer could not sell it to anyone else, you did not sign a purchase agreement, and you promptly notified the dealer informing them (when) you had changed your mind. Further, and most important, there were no goods or services exchanged for your payment. At this point, if it was my money, I would write a letter to the general manager of the dealership formally (and politely) requesting they either cause a charge credit to my credit card or the return of my money.
02-12-08, 06:03 AM
#22
Lead Lap
I'm not sure if the laws are different in MD but I had a $2k deposit on my IS250 at a local dealer to get me the car I wanted (they were trying to get it from another dealer) but after a week I found the car I wanted at another Lexus dealer. I talked to a good friend of mine who is a GM at a dealership about my deposit and even though I signed some paperwork, as long as I did not take delivery of the car, by law, the first Lexus dealer has to give my $2k back. I ended up getting my car from the other Lexus dealer and got my money back a few weeks later.
02-12-08, 06:23 AM
#23
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I'm not sure if the laws are different in MD but I had a $2k deposit on my IS250 at a local dealer to get me the car I wanted (they were trying to get it from another dealer) but after a week I found the car I wanted at another Lexus dealer. I talked to a good friend of mine who is a GM at a dealership about my deposit and even though I signed some paperwork, as long as I did not take delivery of the car, by law, the first Lexus dealer has to give my $2k back. I ended up getting my car from the other Lexus dealer and got my money back a few weeks later.
02-12-08, 10:52 AM
#24
Unless the car was a special order with insane colors and options, then MAYBE they could have called it a special order charge. And even then, if you back out, you're probably entitled to your money back when the car eventually got sold to somebody else.
This is not your situation at all, so you'll get yours. Don't spend the money on the lawyer. His fee will eat up the $500. The credit card fine print just protects them in case something strange happens.
This is not your situation at all, so you'll get yours. Don't spend the money on the lawyer. His fee will eat up the $500. The credit card fine print just protects them in case something strange happens.
Unless they did something to the car that you requested they aren't allowed to keep the money
02-12-08, 12:05 PM
#26
I also own a Dodge truck which I custom ordered. When I ordered it, I wrote them a check for a $500 deposit. It took 3 months + to build the truck. When I picked it up, I was surprised that they handed me back my $500 check. When I asked them why they didn't deposit the check, they told me it was too much hassle to process a refund of the deposit if I canceled my order - much simpler to just give me my check back. AND THAT WAS ON A CUSTOM ORDER!!!!
My guess is that you'll get your money back.
My guess is that you'll get your money back.
02-12-08, 01:00 PM
#27
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I can only guess the rep wanted to hassle me because when I called back on Dec. 15, it was actually Saturday and the transaction didn't even go through until the following business day, Monday. I'll probably wait another week and then call my CC company to see where were at and what my options are, if any. I'll definitely look into the BBB and local news route.
02-12-08, 06:37 PM
#28
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I can only guess the rep wanted to hassle me because when I called back on Dec. 15, it was actually Saturday and the transaction didn't even go through until the following business day, Monday. I'll probably wait another week and then call my CC company to see where were at and what my options are, if any. I'll definitely look into the BBB and local news route.
02-12-08, 07:24 PM
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Probably, but I really don't want to have to deal with any of those folks over the phone. Things got very unpleasant really quickly with the sales rep even though I apologized many times over for changing my mind. Do you think an email to the the store manager and the owner would carry any weight? I will probably file with the BBB no matter the outcome, but how do you get in contact with the attorney general for this type of situation?
02-12-08, 07:36 PM
#30
Forget apologizing, you were wronged here. The reason they're dragging their feet is probably because they know they can just boss you around. Give them a call and say you're going to be contacting the BBB and local media outlets if you aren't refunded your money immediately.
Sometimes you just have to make a stink
Sometimes you just have to make a stink